Bonum Certa Men Certa

The Electronic Frontier Foundation (EFF) Continues Its Battles for Patent Sanity in the United States

By taking on the Lexmark case the EFF works towards printing/ink/toner rights in general

Epson



Summary: A look at some of the latest activity of the EFF in the area of patents, where there probably ought to be increased emphasis on the harms of software patents and need for elimination thereof

THE Electronic Frontier Foundation is a potential ally in the fight against software patents. We have written about its role in the battle for nearly a decade now (Novell paid the EFF almost one decade ago) and we continue to monitor its progress. Funded by Mark Cuban to do this kind of activism (Cuban, who reads Techrights, is notably against software patents), we believe that a lot of good can come out of what the EFF does.



The EFF's Julie Samuels wrote 4 days ago that she's still fighting "Against Stupid Patents" (not too useful to choose the word "stupid" for one who fights against software patents). "Despite the program’s modest but important success at weeding out some of the worst patents," she wrote, "it’s under attack from those who oppose patent reform and apparently believe a 20-year government monopoly should not have to withstand any scrutiny. Specifically, representatives from certain industries (e.g., the pharmaceutical and biotechnology industries) claim that IPRs are “patent death squads” and have been hard at work on Capitol Hill trying to roll back the program’s effectiveness by dulling its procedures."

"The EFF basically gets involved in the Lexmark patent case (trying to drag in the Supreme Court) and is attracting/receiving supportive press coverage."We wrote about the use of the term “patent death squads” in the past, e.g. in [1, 2, 3, 4]. They use other malicious-sounding terms to describe invalidation of bogus patents and they use euphemisms for their own abuses.

The EFF's latest battle seems to be tackling a subject which we wrote about some weeks ago [EN | ES]. The EFF basically gets involved in the Lexmark patent case (trying to drag in the Supreme Court) and is attracting/receiving supportive press coverage. Public Knowledge wrote earlier this week: "Yesterday, Public Knowledge filed an amicus curiae brief with the Supreme Court in the case Impression Products v. Lexmark International. The brief was joined by the Electronic Frontier Foundation and the R Street Institute.

"The case relates to printer toner cartridges that are refilled and resold. Lexmark argues that the resale of printer cartridges violates its patent rights. Impression Products, who remanufactures cartridges, contends that its activities are legally permitted because Lexmark's patent rights were exhausted at the time of sale of the cartridges to consumers. The amicus brief filed supports Impression's view that consumer ownership rights should override Lexmark's patent interests."

"Cory Doctorow’s headline said “Printer ink wars may make private property the exclusive domain of corporations” and here is the EFF’s own humble statement (“EFF Asks Supreme Court to Overturn Dangerous Ruling Allowing Patent Owners to Undermine Ownership”)."This was also covered by WIPR, which wrote: "The Electronic Frontier Foundation (EFF) has urged the US Supreme Court to hear and overturn a “troubling decision” handed down by an appeals court that centres on patent exhaustion."

Cory Doctorow's headline said "Printer ink wars may make private property the exclusive domain of corporations" and here is the EFF's own humble statement ("EFF Asks Supreme Court to Overturn Dangerous Ruling Allowing Patent Owners to Undermine Ownership").

To quote the EFF: "The case is called Impression Products, Inc. v. Lexmark International, Inc. and it concerns the arcane but important question of patent exhaustion. This is patent law’s version of “first sale,” the doctrine in copyright law that says that once a consumer buys a copy of a work, she owns it and can do what she wants with that copy. Patent law is similar. Once a patent owner sells a product, it cannot later claim that that product’s use or sale is infringing."

"We have been critical (at times) of the EFF’s approach, but all in all, what the EFF is doing is better than nothing at all."At the same time the EFF fights for another cause ("Court Confirms EFF Can Stand Up for Public Access to Court Records").

"Last month," it explained, "EFF moved to intervene in a patent case in order to unseal records we believe have been improperly kept from the public. Yesterday, the court granted EFF’s motion to intervene, and in doing so, rejected a troubling argument being put forth by the patent owner.

"The case is Blue Spike v. Audible Magic. As we noted in our blog post last month, numerous documents, including at least three court opinions, have been completely withheld from the public. The sealed documents are highly substantive, and from what we can gather, would help the public better understand what, exactly, Blue Spike claims to have invented."

We have been critical (at times) of the EFF's approach, but all in all, what the EFF is doing is better than nothing at all. We just wish it did more to directly tackle software patents in the US, especially now that a lot of patent giants lobby the government (more on that later today). ⬆

Recent Techrights' Posts

The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
 
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026